Legal Personnel

Question 1

Role of Barristers

Answer 1

• 16,500 Barristers in practice (E&W)
• Barristers inns: Lincoln’s inn, Inner temple, Middle temple, Gray’s inn
• self-employed
• main focus: advocacy
• either prosecution or defence

Question 2

Barristers: Prosecution

Answer 2

• Work with police and CPS
• Advise on success of case

Question 3

Barristers: defence

Answer 3

• Plea is defendants decision (barrister can influence decision)
• Advise on possibility of appeal
• Present appeal case

Question 4

Barristers: civil

Answer 4

• specialise in certain fields
• can also attend mediation and conciliation
• advise on possibility of appeal/draft appeal papers

Question 5

Barristers: direct access

Answer 5

• Barristers can be contacted directly
• Barristers have to take out additional training to carry out direct access

Question 6

Barristers: limited advocacy work

Answer 6

• specialise in certain areas, rarely appear in court (company law)

Question 7

Barristers: cab bank rule

Answer 7

• barristers cannot turn down a case, if it is in their field of law and they’re free
• does not apply in direct access

Question 8

Barristers: employed barristers

Answer 8

• can be employed by the government
• can be employed by CPS

Question 9

Barristers: king’s counsel

Answer 9

KC can:
• take on more complex cases
• charge higher fees
• have junior barristers help with case

Question 10

Barristers: KC application

Answer 10

• Provide references of other lawyers and judges they have appeared before
• Be interviewed by an idependant selection panel

Question 11

Solicitors

Answer 11

• 149,000 solicitors (E&W)
• monitored by the law society
• 75% work in private practice
• usually work in general practice

Question 12

Role of solicitors

Answer 12

• interview clients
• negotiation
• writing letters and emails
• drafting contracts and other legal documents
• litigation

Question 13

Role of solicitors: civil

Answer 13

• collect evidence
• prepare and issue court papers
• carry out advocacy
• supporting barristers on complex cases

Question 14

Role of solicitors: criminal

Answer 14

• initially meet a client who has been arrested
• sometimes sit in police interviews
• client may be issued a summons (appear in court) this is where a solicitor will meet them

Question 15

legal executives: qualifications

Answer 15

• Be a fellow of CILEX
• Obtian CILEX qualification
• competed 3 years of supervised legal experience
• over 20,000 in E&W

Question 16

legal executives: role

Answer 16

• handling property transfers
• assisting in formation of company
• draft wills
• advising those accused of crimes

Question 17

Role of Judges: civil

Answer 17

• resolve disputes in a fair, unbiased way.
• responsible for all pre trial matters
• Hears arguments from both sides
• reviews evidence
• decides the outcome

Question 18

Role of judges: criminal

Answer 18

• oversee the case
• ensure correct procedures are followed
• rule on points of law
• impose a sentence if D is found guilty

Question 19

Judges: introduction

Answer 19

Collectively, judges are referred to as the ‘judiciary’.
Different level of Judges:
- Superior judges: high court judges and above
- Inferior judges: circuit judges and below

Question 20

Judges: Justices of the Supreme Court

Answer 20

• Highest level of Judge in the legal system
  Have either been:
• Court of Appeal Judges
• Those who have been qualified to work in senior courts for 15 years.
  Officially appointed by the King.
  Hear all final appeals from all UK courts.

Question 21

Judges: Lord Justices of Appeal

Answer 21

Must have been a barrister or solicitor and have 7 years of experience or be an existing high court judge
Lord Justices of Appeal are appointed by the King.
Hearing appeals from cases in the County or High Court (civil)
Hearing appeals from trials in the Crown Court (criminal)

Question 22

Judges: High Court Judge

Answer 22

Must have been a barrister or solicitor and have experience for 7 years or been a circuit judge for 2 years.
Appointed by the King.
KBD: high value contract/tort claims (also hear serious criminal cases in Crown Court).
CD: high value commercial claims
FD: property disputes, financial matters of married and unmarried couples, child matters

Question 23

Judges: Circuit Judges

Answer 23

Be a barrister or solicitor who held a ‘right of audience’ for at least 10 years.
Hear both civil and criminal cases
Civil: tort and contract claims, land and property disputes and some family work
Criminal: Hear serious triable-either-way and indictable offences.

Question 24

Judges: District Judges

Answer 24

Qualified as a barrister or solicitor and gained experience for at least 5 years and have been a deputy district judge (DDJ). CILEX are now eligible to be appointed as DDJ.
Hear civil and criminal cases
civil: small claims court, low value civil claims of tort and contract.
criminal: hear summary and triable-either-way criminal trials.

Question 25

Separation of powers

Answer 25

• Legislative (make laws)
• Executive (enforce laws)
• Judiciary (apply laws)

Question 26

Sep of Powers: Independence of the Judiciary

Answer 26

With the exception of the Lord Chancellor, there is little overlap.
Enables the Judiciary to carry out checks on executive, make sure they aren’t abusive the power.

Question 27

Judiciary: Security’s of Tenure

Answer 27

Judges have security of tenure, can only be dismissed by the monarch following a petition presented by both houses of parliament.
Inferior judges can be dismissed at any point by the Lord Chancellor.

Question 28

Judiciary: Immunity to Suit

Answer 28

Allows judges to perform judicial duties without fear of repercussions.
Judges of all levels are given immunity from criminal prosecution for acts carried out during their duties.
Immunity from any civil claims whilst performing duties.
Sirros v Moore (1975)

Question 29

Judiciary: Independence from Legislative

Answer 29

Judges are generally not involved in law making
Full-time judges are not allowed to be members of the House of Commons (does not apply to part-timers).
Prior to 2009, the House of Lords was the top appellate court, this was changed as it created an overlap.

Question 30

Judiciary: Independence from Executive

Answer 30

Judicial independence is guaranteed under s.3 of the Constitutional Reform Act 2005:
Anyone with responsibility over the Judiciary should uphold its independence
The Lord Chancellor and government ministers must not seek to influence judicial decisions

Question 31

Judiciary: independence from the case

Answer 31

Not to hear or try any case which they have an interest in the issues involved
Re Pinochet (CASE)

Question 32

Judiciary: Judicial review

Answer 32

Judges can show their independence through judicial review
Takes place in KBD
Judges are prepared to find against ministers that have acted unlawfully
R v Home Secretary, ex parte Fire Brigades Union (1995).

Question 33

Judiciary: human rights

Answer 33

Judges also hear cases involving human rights and can find against the government. For example, the right to a fair trial.
CASE: A and another v Secretary of State for the Home Department (2004)

Question 34

Regulation: Barristers

Answer 34

Bar Standards Board
- set out a Code of Conduct that barristers must comply with.
- instigate any alleged breaches
- a complain can be made to the legal ombudsman if a complainant is unhappy with the decision
A disciplinary tribunal is used in serious matters:
-reprimanding of the barrister
- making the barrister complete additional training
- ordering the paying of a fine
- suspending the barrister
- disbarring the barrister

Question 35

Regulation: Liability of Barristers

Answer 35

If a client uses the Direct Access scheme, the barrister will enter into a contact, meaning they can sue for breach
Must be liable in negligence (cannot due for losing a case).

Question 36

Regulation: Solicitors

Answer 36

Every Solicitor belongs to the Law Society. The regulation for solicitors is the Solicitors Regulation Authority (SRA).
SRA’s job:
-investigate a complaint
- if the tribunal upholds a complaint, a fine can be given or the solicitor can be reprimanded. In serious cases, the solicitor can be suspended.
- Tribunal can strike off a solicitor so they can never practice again.

Question 37

Regulation: Liability of Solicitors

Answer 37

Solicitors deal directly with clients (contract). This means that:
- if a client does not pay, the solicitor can sue them
- the client can sue the solicitor for breach of conduct
- client can sue in negligence due to the poor quality of work (HALL v Simons (2000)).
- solicitors can be liable to those who arent clients but are still affected by negligent work (White v Jones (1995)).

Question 38

Regulation: Legal Executives

Answer 38

All legal executives are required to be members of CILEX. The publish a code of conduct. A summary of the issues is prepared and put to the Professional Conduct Panel in an investigation. Serious matters are referred to the disciplinary tribunal, they can:
- exclude a membership in CILEX
- reprimand or warn the member
- order the legal executive to pay a fine.

Question 39

Regulation: all legal professionals

Answer 39

The Legal Services Act 2007 set up the Office for Legal Complaints, a free service that investigated how each of the bodies investigated a complaint and refers cases to the legal ombudsmen.